Delisting

On July 21, 2006, the Oswego River, New York Area of Concern (AOC)
became the first United States AOC to be formally delisted. As a
result of the Great Lakes Water Quality Agreement between the United
States and Canada and much hard work and cooperation, the lower
Oswego River and Harbor is once again the crown jewel of the City of
Oswego! Through coordinated efforts, the City of Oswego has
revitalized the downtown area, the Port Authority has made many
improvements, boating and fishing interests have grown, and water
access and water quality have improved tremendously.

As a diverse group of community stakeholders and citizens, the Remedial
Advisory Committee, in conjunction with the New York State Department of
Environmental Conservation, documented in the
Stage 3 Remedial
Action Plan [Oswego_Stage3a.PDF(PDF
3.64Mb, 136 pages; Oswego_Stage3b.PDF(PDF 1.5Mb, 84 pages)] that the RAP process responded to local interests and concerns.
The report was designed specifically to focus on and address the resolution
of the fourteen RAP use impairment indicators in detail. The data and
strategies establish the resolution of the indicators. The delisting
document includes 135 pages of Appendices that lists the RAC participants,
details the evaluation strategy / criteria / endpoints, contains a
responsiveness summary to concerns, summarizes the remedial activities
contributing to the restoration and protection over the last fifteen years,
contains the pubic involvement power point presentation, lists the FERC
license provisions, and describes other RAP supporting activities including
a list of references.

For the Oswego RAP, impairments involving fish consumption, fish habitat
and populations, and eutrophication and algae were identified. Through
public participation, investigative studies, expert involvement and
assessment efforts, we know that pollution reduction activities to address
hazardous waste sites, point and non-point water discharges, watershed best
management practices, and local agency river corridor enhancement activities
addressed the indicators and beneficial uses for the Oswego AOC. Consistent
with delisting guidance, the larger Lake Ontario Lakewide Management Plan
responds to the fish consumption advisories, the FERC relicensing of the
power dams responds to the fish habitat and population recovery, and
eutrophication, algae, and weed characteristics have improved to be not
impaired and managed as nuisance conditions where they occur in isolated
areas. Watershed restoration and protection activities as well as Lake
Ontario initiatives all contribute to the desired results.

There is a true success story behind the preparation of the Stage 3
document and delisting of the Oswego River Area of Concern. Historically,
the Oswego watershed was an identified source of contamination to Lake
Ontario. A water quality change from an image of garbage, sewage and
undesired pollution to that of becoming a focus of the waterfront community
was achieved. By representing stakeholder interests, the RAP Remedial
Advisory Committee (RAC) accomplished the community’s recognition of the
importance of this area as a natural resource and thereby encouraged others
to act responsibly to restore and to protect the environment and the
beneficial uses of the waters. The RAC stakeholders have determined,
influenced, and observed the implementation of many supportive activities in
the Oswego watershed.

For example, the City of Oswego revitalized the river shoreline and
downtown area, the Port Authority made many aesthetic and pollution control
improvements, recreational boating and sport fishing interests have grown,
upstream hazardous waste site remediation has addressed downstream impacts,
and water access and water quality have improved tremendously. Other
activities and improvements included: the undertaking and accomplishment of
a number of investigative studies and report review activities by the RAP;
the FERC power dam license provisions which fully respond to the needs
identified in the Fisheries Enhancement Plan for the Oswego River and
receipt of research funding by the academic community based on the AOC
designation. Recreational interests have been protected and improved by the
AOC designation and responsible agencies oversight.

The RAC effectively implemented the application of the body of knowledge
that only an ecosystem approach can accomplish. As a result, the status of
each of the Use Impairment Indicators was resolved and an understanding was
achieved that a significant impairment and/or threat to the AOC environment
does not exist. The conclusion is that the lower Oswego River and harbor
area no longer warrant the AOC designation.

NYSDEC, USEPA, and other agencies will continue to use the existing suite
of environmental law and regulatory oversight to implement, monitor and
enforce programs that protect the environment in and around the AOC. The
presence of local area environmental groups, concerned citizens, and the
agencies’ purview provide a vigilance that assures beneficial uses will
remain intact and that the riverine system will not revert back to an
impaired status.

Background

The Oswego River/Harbor Area of Concern (AOC) is
located on the southeastern shore of Lake Ontario and is centered in
the City of Oswego, New York. The AOC includes the harbor area and
the lower segment of the Oswego River up to the Varick power dam.
The harbor itself is characterized as a multiple-use resource and
over 1.2 million people live in the drainage basin. The Oswego River
watershed includes the Finger Lakes, industries, municipalities, and
extensive areas of farmland and forest that expand an area of over
5,100 square miles. The Oswego River is second only to the Niagara
River in size as a tributary to Lake Ontario.

A comprehensive RAP Update was published in 1996 and
includes results of a fish pathology study, Oswego River and harbor
water quality and sediment investigations, remedial activity
progress, and delisting criteria. A 1998 workshop accomplished its
objective to obtain an improved understanding of these study results
and to better define the next steps and actions needed to restore
and to protect the Oswego River AOC. The importance and close
relationships of addressing the fish consumption restrictions and
fish habitat/population impairments as part of larger management
plans operating external, however influencing the AOC, were
recognized.

Workshop proceedings, including comments and
recommendations, were published along with a RAP Update in 1999.
Results of that workshop addressed the use impairment indicators and
established the supporting data, strategy, and rationale for the
preparation of the Stage 3 document.

Beneficial Use Impairments

Restrictions on fish and wildlife consumption

Degradation of fish and wildlife populations

Loss of fish and wildlife habitat

Oswego Harbor is one of the original 43 Great Lakes Areas of
Concern (AOC) for which Remedial Action Plans (RAP) were developed
in the late 1980s to address impairments to fishing and recreational
activities. The New York State Department of Environmental
Conservation (NYSDEC) initiated public input into the development of
the Oswego River RAP in 1987 with the establishment of an advisory
committee. Historically, upstream pollutants were known to have
traveled through the river and harbor, and impacted the Lake Ontario
ecosystem, thereby forming the basis for the Area of Concern
designation. The 1990 Stage1 RAP identified beneficial use
impairments (BUI) and their causes and sources. The main impairments
for the RAP to address were identified as fish consumption
restrictions (re: Lake Ontario), loss of fish habitat, fish
population change, and reported eutrophic conditions associated with
non-AOC sources. (These impairments are bulleted in the table above;
the remaining impairments either required further investigation or
were evaluated as not impaired.) The 1991 Stage 2 RAP described next
step remedial actions to restore beneficial uses and to eliminate
adverse impacts to Lake Ontario. The current final Stage 3 –
Delisting document resolves each of the RAP beneficial use
indicators for the AOC.

Delisting Targets

In the Oswego River Stage 3 Delisting document, each of the
fourteen IJC beneficial use indicators has been developed to detail
the resolution and delisting for each of the use impairment
indicators. Table 1 provides summary information for each of the use
impairment indicator endpoints, the original status of each
indicator, the revised indicator status, identification of
responsible parties, and the supporting data and rationale for the
resolution of each RAP indictor. The table combines input from the
Use Impairment Indicator Sub-Committee of the Oswego River RAP
Remedial Advisory Committee on the definition of desired endpoints
that serve to resolve the use impairment indicators. These endpoints
describe the restoration of best uses in order to delist the
indicator. By comparing the original status of the use impairment
indicators from the 1990 Stage 1 RAP to the resolved status of each
indicator, the table illustrates what has been accomplished for the
delisting of the Area of Concern. The resolution of each indicator
involves the description of the supporting data and the rationale to
document that the beneficial use has been addressed. The resolution
of the use impairment indicators for the Oswego RAP is described in Section III of the Oswego River Stage 3
Delisting document.

The Great Lakes community (including USEPA, IJC, and RAP Remedial
Advisory Committees) has conducted meetings and developed principles
and guidance towards accomplishing delisting. Consistent with this
guidance, NYSDEC and the Oswego River RAP Remedial Advisory
Committee have adopted key delisting principles and guidance points,
formulated next step delisting actions, and identified
responsibilities in conducting post-delisting activities. Each of
these is necessary and applicable to moving ahead to accomplish
delisting of the Oswego River Area of Concern. See Section IV of the Oswego River Stage 3
Delisting document.

RAP Development and Status

The most recent efforts of the Remedial Advisory Committee
focused on the development of the strategies and endpoints to
address each of the RAP use impairment indicators in the preparation
of a Stage 3 delisting document. The supporting data and rationale
are provided to resolve the impairments and describe that the
desired beneficial use objectives have been met. For the AOC, these
endpoints have been achieved by the RAP process to the maximum
extent practicable. Through remedial action and studies, we now know
that the Oswego River RAP designated area is no longer an Area of
Concern contributing to Great Lakes' use impairments and that the
Oswego RAP process has accomplished what it can within the AOC. The
RAP substantiates that the water quality is not impaired. The
remaining issues are therefore actually part of the resolution
strategy of more inclusive regional management plan activities.
Within the AOC, achieving the endpoints for the habitat and fish
consumption impairments is therefore being addressed respectively by
provisions of the Federal Energy Regulatory Commissions (FERC) power
dam license for the Oswego River and the binational Lake Ontario
Lakewide Management Plan (LaMP).

RAP Implementation

Recent progress and achievements

Implementation of the Oswego River RAP is a dynamic, continuous
improvement process that has included periodic updates and
improvements as knowledge of the use impairments, sources, and
remedial action has progressed. Within the Area of Concern, the
Oswego River watershed, Lake Ontario, and reference communities,
studies and assessment have assisted in identifying and acting on
priorities. The priorities have included fish consumption
restrictions, fish habitat evaluation and resolution, sediment
investigation, aesthetics assessment, and contaminant track down
activities. Restoring and maintaining an improved quality of life in
the ecosystem of the Oswego River Area of Concern and its watershed
is a goal that much progress has been made towards achieving.

A 1998 Two-Day Workshop helped to better define the steps and
needed actions to restore and protect the beneficial uses of the
Oswego River AOC. Following are some activity highlights relative to
RAP progress and achievements. Nine environmental program areas are
used to describe progress. Concurrent with the RAP process, many
NYSDEC environmental program activities are in place and progressing
as part of State environmental protection laws and policies, and
therefore are being implemented independent of any formal RAP
coordination. The RAP strategies do, however, make use of all
resource commitments to restore beneficial uses. The challenge of
the RAC has been to assure that all stakeholder interests and
concerns have been satisfactorily investigated and resolved as much
as possible. A key to successful restoration has been securing
implementation commitments to achieve RAP objectives.

Hazardous Waste Site Remediation (Land-Based):
Many hazardous waste site remediation projects have and are
occurring in the Oswego River watershed. These upstream activities
reduce loadings to the receiving waters and benefit the AOC and Lake
Ontario. At the Columbia Mills site, storage tanks and sewer
remediation work has been completed and the landfill is capped. A
Consent Order has addressed PCB contamination in dredged material
along the banks of Ley Creek in the Syracuse Area. The restoration
of Onondaga Lake and its effect on the Oswego River system continues
to make progress as surrounding sites are remediated and the
Syracuse Metropolitan municipal discharge is upgraded to tertiary
treatment. Although manufacturing has ceased, Miller Brewing has
completed measures to address the City of Fulton's water supply. The
Volney Landfill remediation was completed in 2002. The Clay Town
Landfill cap is complete. The Clothier site and Fulton Terminals
remediation projects have also been completed.

Contaminated River Sediments:
The United States Environmental Protection Agency (U.S. EPA) has
developed a comprehensive Contaminated Sediment Management Strategy.
Four goals address prevention, cleanup, disposal management, and
consistent analytical methodologies. The Oswego River Sediment Study
report was completed in April 1997. This report addresses ten areas
of investigation along the Oswego River including the AOC. Follow-up
investigation was conducted upstream of the Oswego River AOC at
Battle Island near the Armstrong facility below Fulton. Review of
the 2002 Sediment Report did not identify a need for further
follow-up action. Surveillance and assessment of these upstream
sites continues under state and federal core environmental programs.
The DEC and EPA agencies are prepared to take action to respond to
source trackdown priorities with appropriate remedial measures when
evaluation warrants this activity.

Point Source Discharge Control:
New York State Department of Environmental Conservation (NYSDEC) has
developed an Environmental Benefit Permit Strategy to assist in
establishing priority for renewal modifications of point source
discharge permits based on the identification of environmental/water
quality benefits. A significant reduction in the mass of PCBs and
other contaminants discharged within the Oswego River drainage basin
by area industries (primarily stormwater and site related) has been
achieved by the installation of improved wastewater treatment
systems, implementation of best management practices, and hazardous
waste site remediation activities. U.S. EPA and New York's
Environmental Bond Act are both supplying funding to complete
treatment plant upgrades and infrastructure improvements.

Nonpoint Source Pollution Control:
Excessive nutrients (phosphorus) and sedimentation (erosion) from
agriculture are believed to be the main nonpoint source pollution
problems in the Oswego River Drainage Basin. County Water Quality
Management Strategies have been developed to address nonpoint source
pollution. Implementation of these strategies and related Best
Management Practices (BMPs), including improvements to stormwater
management, has been progressing. Various funding programs (grants)
support and are available to assist in the implementation of
nonpoint source pollution control efforts. The grants provide for
agricultural projects and non-agricultural nonpoint source projects.

Air Pollution Control:
Air pollution remedial strategies call for the reduction of
contaminant emissions from the major industrial facilities. The
Clean Air Act Amendments of 1990 require air discharges to comply
with Maximum Achievable Control Technology (MACT) limits. Where
appropriate, NYS Air Standards require treatment beyond MACT. The
Oswego County and Onondaga County waste incinerators are two
facilities that have conducted monitoring concerning their air
discharges involving dioxin. New York State has put together a
comprehensive program to improve air quality and to bring the State
into compliance with the 1990 federal Clean Air Act Amendments
(CAAA).

Fish and Wildlife Assessments/Actions:
Key use impairment indicators in the Oswego RAP are based on the
status of fish and wildlife conditions and considerations. A number
of studies have reported useful information. A fish pathology study
conducted by Cornell University found little evidence of impairment
of fish health by contaminants in the Oswego River harbor. Fish
consumption restrictions and habitat impairments are known; however,
contaminant levels are below those causing an increase in fish
tumors or other abnormalities. Routine fish monitoring studies
provide significant protection for the establishment of advisories.
Results of fish and wildlife investigation, environmental monitoring
and habitat restoration and protection activities in and around the
Oswego River Area of Concern have been developed as part of remedial
planning actions. Funding for investigative studies is very limited.
The provisions of the Federal Energy Regulatory Commission (FERC)
relicensing process addressing the Varick power dam fully address
the fish habitat and population concerns for the RAP as described in
the Oswego River Fisheries Enhancement Plan.

Health and Environmental Assessments/Actions:
Maintaining current and useful contaminated fish consumption
advisory information serves to reduce exposure of user groups.
NYSDEC in conjunction with NYSDOH has prepared updated fish
consumption advisory pamphlets to assist with public outreach and
education. Additional funding to assist with providing improved
communication of the fish consumption advisory at the local level
and to continue research necessary to monitor long-term trends in
regard to the larger lakewide advisory would be beneficial beyond
the current level of funding. Additional funds would also be useful
to conduct further human health assessments particularly in larger
management planning activities.

Investigations and Monitoring Activities:
The results of conducting various investigations and monitoring
activities have been instrumental toward resolving the Oswego River
Area of Concern use impairments. Some monitoring plans are part of
other environmental program activities (e.g. hazardous waste site
remediation) and the larger Lake Ontario Lakewide Management Plan (LaMP).
The development and implementation of these plans are subject to
regulatory review, approval and limited resources of funding.
Although the goal is to encourage the ecosystem approach, project
money may very well have specific requirements attached that limit
the benefits to the Remedial Action Plan. The Oswego RAP has been
fortunate in that a number of investigative and monitoring study
results have contributed to resolving use impairments in the AOC.

Current projects and outlook

The 1999 Oswego River RAP Workshop Summary and the final
Stage 3 Delisting document (January 2006) describe the improved
understanding of study results relating to the Area of Concern
and next step activities to be taken to complete the Oswego
River delisting. The results and evaluation by the Remedial
Advisory Committee, environmental experts, government agencies,
and stakeholders have determined that the RAP has accomplished
all it can towards resolving the indicators. Responsible parties
and actions have been identified to further address the
beneficial uses as part of larger management planning
activities. Specifically, the Lake Ontario Lakewide Management
Plan (LaMP) addresses the fish consumption advisory, and the
provisions of the new Federal Energy Regulatory Commission's (FERC)
license of the Varick power dam addresses the fish habitat and
population concerns.

As the final Stage 3 Delisting document for the Oswego RAP
has been prepared, and the formal public comment period
conducted, the coordination of activities among the government
agencies including IJC is progressing. To mark the delisting, a
commemoration activity is planned for the July 2006 Harborfest
in the City of Oswego.

In addition, AOC-related documents for the Oswego River AOC are
available from the RAP Coordinator or as noted below. These
documents include:

Fish Consumption Advisories and brochure - NYSDEC in
cooperation with NYSDOH has produced an informational handout
advising specific limits and prohibitions concerning eating
certain Lake Ontario fish. Child bearing women have been
identified as a high risk group and should particularly heed
these warnings. The statewide "Chemicals in Sportfish and Game"
lists these advisories on the Internet at: www.health.state.ny.us/nysdoh/fish/fish.pdf(PDF 947Kb,
39 pages) Exit EPA

Community Involvement

Recent efforts focused on defining the endpoints to address the
use impairments and consulting environmental experts regarding
monitoring and assessment. Finally, realizing that significant
activities had been accomplished to address pollutant sources was a
key to stakeholder involvement in evaluating what the RAP Process
had achieved. Over the years, the Remedial Advisory Committee (RAC)
conducted monthly, and later quarterly, meetings on RAP
implementation. The committee has consisted of a diverse and
multi-stakeholder representation with the task of identifying needed
studies and remedial actions, seeking implementation, and then
affecting these activities in the watershed and AOC. Reporting on
progress and communicating this information to the public has been
an objective of the committee.

RAP Public Participation and Outreach: Conducting
regular meetings of the Remedial Advisory Committee (RAC) throughout
the development and implementation of the all three stages of the
RAP Process has been a significant remedial activity. A number of
measures to improve communication have been conducted including:
development of a slide show and public display to increase public
awareness, use of pamphlets and newsletters, RAP documents, and a
workshop. It is important that the RAP process and other responsible
parties continue to keep stakeholders informed of remedial
activities and progress and continue to provide a means for local
concerns to be expressed and addressed. Next step actions have
included activities to conduct presentations of the AOC delisting.
Input from this public consultation along with DEC’s liaison with
USEPA, GLNPO, local agencies, and IJC has lead to the development of
the final Stage 3 Oswego River delisting document. A 45-day formal
public comment period was conducted and ended on January 27, 2006.
All substantive comments are addressed in the Stage 3 delisting
document. Public activities that were instrumental and very
effective in the 1990’s Oswego River RAP process have included the
following:

Slide Show - A slide show was produced for
the Oswego River RAP in the early 1990’s with the purpose of
providing stakeholders with information about the AOC, the local
industries, cultural diversity, and watershed relationships.
Public awareness and involvement were encouraged.

RAP Display - A New York State RAP the
exhibit has been used to introduce the stakeholders to the six
RAPs in New York State. The display illustrates what actions
needed and are currently underway to effectively clean up New
York's RAP Areas of Concern.

"RAPs in Action" - This1990
brochure was developed to augment the message of the RAP
display. The brochure provides more detailed information on
remedial activities that are being implemented to restore and to
protect beneficial uses in New York State's RAP Areas of
Concern.

"Getting the Word Out" - This1990
brochure was developed to provide a description of public
outreach and educational materials (see audiovisuals, brochures,
fact sheets, etc.) produced by and/or for the RAPs or the Lake
Ontario Lakewide Management Plan (LaMP).

"Oswego River Remedial Action Plan; Past Present
and Future" - This1991 brochure was developed to
summarize the RAP process as it is being implemented in the
Oswego River Area of Concern. The role of stakeholders in the
RAP process was provided (out of publication).

"Watershed Watch" - This mid
1990’s annual newsletter was dedicated to increasing awareness
about water quality and RAP issues in the Oswego River Area of
Concern (out of publication).

RAC Membership - Volunteer members to the
over fifteen year Oswego River RAP process are to be
acknowledged. Two original and current members are Joe Allerton
and Les Monostory. A special thanks for their dedication and
striving to restore and protect the Oswego River AOC.

Federal Energy Regulatory Commission (FERC) relicensing
process: The relicensing process of the power facilities
along the Oswego River addressed the fish habitat and population
concerns for the Area of Concern. Provisions fully address the needs
of the Oswego River Fisheries Enhancement Plan.

Remedial Advisory Committee (RAC) Activities: In
addition to periodic meetings, the RAC has produced and distributed
a RAP poster and bumper stickers, participated in Harborfest
Celebrations and Fulton River Days, conducted a public information
survey and involved the local news media.

Oswego County Water Quality Advisory Committee: The Oswego County Water Quality Strategy was prepared by the OCWQAC.
The committee works to coordinate efforts to improve water quality
in the county, especially through the development and implementation
of a strategy to control nonpoint source water pollution. Activities
have greatly contributed to the RAP.

Oswego County Soil and Water Conservation District: OCSWCD strives to address nonpoint sources of pollution in the
county. Invasive species control including aquatic plants and weeds
is a priority in the Oswego River. Nonpoint sources are seen as a
threat or potential threat to water quality in all of the county's
major watersheds. The SWCD and Environmental Management Council
(EMC) strive to address sources of nonpoint pollution including:
agricultural and related runoff (fertilizers and pesticides),
sedimentation from erosion, septic system failure and other runoff
from sources such as road salt, leaking underground storage tanks
and other chemical containers to protect the environment.

Lake Ontario Lakewide Management Plan (LaMP): the RAP and LaMP are linked in many ways. Stakeholders share
watershed, tributary, nearshore, and lakewide concerns and strive to
effect restoration and protection priorities and activities.